Kanawha Co. woman says doctor obtained her records without consent

By Mark Trammell | Sep 28, 2015

CHARLESTON – A Kanawha County woman is seeking compensation from a physician who allegedly unlawfully obtained her records without her consent.


CHARLESTON – A Kanawha County woman is seeking compensation from a physician who allegedly unlawfully obtained her records without her consent.

Karalene Workman filed suit in Kanawha Circuit Court against Iraj Derakhshan, M.D. of Charleston.

According to the complaint, on Jan. 18, 2012, Dr. Derakhshan terminated his physician/patient relationship with Workman. Sometime after that, he allegedly sought out and acquired her medical and hospital records without her consent.

The plaintiff charges the defendant with negligence, fraudulence and willful, reckless, wanton, outrageous actions. She also alleges he changed the date of their termination of the patient/physician relationship on the paperwork in order to access said records, thus obtaining them under false pretenses.

In September 2014, the defendant was reportedly reprimanded publicly for his actions by the West Virginia Board of Medicine for his unprofessional conduct in regards to the plaintiff and his behavior towards her during her last visit.

The plaintiff seeks compensatory and punitive damages, plus an award of pre- and post-judgement costs, allowable fees and any other such relief as the court sees fit, and demands a trial by jury.

The plaintiff is being represented by Richard D. Lindsay of Tabor, Lindsay & Associates of Charleston. The case has been assigned to Judge Jennifer Bailey.

Kanawha Circuit Court case number 15-C-1460.

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